National Consumer Commission v Moolla's Used Cars CC (NCT/126544/2019/74(1)) [2019] ZANCT 116 (18 July 2019)

National Consumer Commission v Moolla's Used Cars CC (NCT/126544/2019/74(1)) [2019] ZANCT 116 (18 July 2019)

The Tribunal found that the parties failed to comply with its directive to correct errors in the settlement agreement, including issues regarding signatories, paragraph references, and clarity of prohibited conduct. In the absence of compliance and any appearance by the parties, the Tribunal was not satisfied that the requirements for confirming the settlement agreement as a consent order were met. Accordingly, the Tribunal exercised its discretion under section 74(2)(c) of the Consumer Protection Act and refused to make the settlement agreement an order of the Tribunal.

Citation
[2019] ZANCT 116
Parties
Applicant: National Consumer Commission; Respondent: Moolla's Used Cars CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
18 July 2019
Case Number
NCT/126544/2019/74(1)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Application for confirmation of settlement agreement as a consent order refused.
Judges
M Nkomo, T Bailey, J Simpson
Legal Topics
Consumer Protection Act, Consent Order, Settlement Agreement, Tribunal Directive Compliance
Commercial and Corporate Civil Procedure Consumer Protection Act Consent Order Settlement Agreement Tribunal Directive Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

National Consumer Commission

Applicant

Moolla's Used Cars CC

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the Tribunal should confirm the settlement agreement as a consent order under section 74(1) of the Consumer Protection Act.
  2. 2 Whether the parties complied with the Tribunal's directive regarding amendments to the settlement agreement.
  3. 3 Whether the Tribunal is empowered to refuse to make the settlement agreement an order without hearing evidence.

Ratio Decidendi

The Tribunal found that the parties failed to comply with its directive to correct errors in the settlement agreement, including issues regarding signatories, paragraph references, and clarity of prohibited conduct. In the absence of compliance and any appearance by the parties, the Tribunal was not satisfied that the requirements for confirming the settlement agreement as a consent order were met. Accordingly, the Tribunal exercised its discretion under section 74(2)(c) of the Consumer Protection Act and refused to make the settlement agreement an order of the Tribunal.

Court Disposition

Application for confirmation of settlement agreement as a consent order refused.

Orders

  • The Tribunal refuses the application to make the Settlement Agreement entered into between the Applicant and the Respondent on 13 February 2019 an order of the Tribunal.
  • There is no order as to costs.